IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110025205 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-xx47" instead of "xxx-xx-xx94."

2.  He states the SSN recorded in his military service records is incorrect as a result of a typographical error.

3.  The applicant provides copies of his Social Security card, DA Form 1341 (Allotment Authorization), and separation/discharge documents.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 6 November 1967, shows he entered his SSN as "xxx-xx-xx94."

3.  The applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 8 November 1967.  The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.

4.  Documents in the applicant's military personnel records consistently show his SSN was recorded as "xxx-xx-xx94," with the exception of Special Orders Number 78, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 18 March 1968, that show his SSN as "xxx-xx-xx47."

5.  The applicant was honorably released from active duty (REFRAD) on 11 June 1969 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 4 days of total active service.  The DD Form 214 he was issued at the time shows in Item 3 (SSN) the entry "xxx-xx-xx94."

6.  U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification), dated 13 July 1970, shows the applicant requested correction of the SSN in his military records from "xxx-xx-xx94" to "xxx-xx-xx47." The form shows that his electronic record was coded with the correct SSN.

7.  Letter Orders Number 10-1270333, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated
24 October 1973, honorably discharged the applicant from the USAR effective
1 November 1973.  The orders show his SSN as "xxx-xx-xx47."

8.  In support of his application, the applicant provides the following documents:

	a.  a Social Security card that shows his SSN as "xxx-xx-xx47"; and

	b.  a DA Form 1341 that shows he initiated a military allotment, effective January 1968, and indicated his SSN as "xxx-xx-xx47."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It states for item 3 to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show his SSN as "xxx-xx-xx47."

2.  The evidence of record shows that prior to the applicant's entry into the Armed Forces, he indicated that his SSN was "xxx-xx-xx94."  However, the SSN was not being used at the time he was inducted on 8 November 1967.  Nonetheless, the SSN the applicant provided was associated with him later on during his military service.

	a.  In January and March 1968, records show the SSN "xxx-xx-xx47" was associated with the applicant.

	b.  Upon his REFRAD on 11 June 1969, the SSN "xxx-xx-xx94" was recorded on his DD Form 214.

3.  On 13 July 1970, while serving in the USAR, he requested correction of the SSN in his military service records and the correction was made.  Accordingly, orders that discharged the applicant from the USAR on 1 November 1973 show his correct SSN.

4.  The evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records and that his correct SSN was recorded in military records during both his active duty and reserve service.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN.


BOARD VOTE:

__X_____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the current entry and replacing it with the social security number as shown on his Social Security card.



      _______ _  X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110025205



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ABCMR Record of Proceedings (cont)                                         AR20110025205



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